Former Kaduna State governor, Nasir El-Rufai, has approached the Federal High Court in Abuja, urging it to quash the criminal charges instituted against him by the Department of State Services (DSS), which he described as unconstitutional, incompetent and an abuse of court process.
In a motion filed before the court, El-Rufai challenged Charge No. FHC/ABJ/CR/99/2026, dated February 16, 2026, asking the court to strike out or dismiss the case in its entirety. The matter is scheduled for hearing on February 25, 2026, before Justice Joyce Abdulmalik.
The former governor contended that the charge discloses no offence known to law, lacks a prima facie case and amounts to a gross abuse of the judicial process. He therefore prayed the court to discharge him completely.
Beyond seeking the dismissal of the charges, El-Rufai is also demanding N2 billion in costs against the DSS. He accused the agency, through its prosecuting counsel, of deploying the criminal justice system as a tool to harass, embarrass and publicly victimise him.
Court documents indicate that El-Rufai’s application is anchored on 17 grounds. Among them are claims that the charges are constitutionally invalid, fail to establish any prima facie case and cite offences unknown to law. He also questioned the prosecutorial competence of the DSS, alleging fatal duplicity in the charge, absence of credible evidence, bad faith and political persecution.
The former governor further argued that the prosecution violates his fundamental rights as guaranteed under the 1999 Constitution (as amended). These, he said, include the presumption of innocence, protection against self-incrimination and the requirement that any alleged offence must be clearly defined in written law. He also cited alleged infringements on his rights to freedom of expression and freedom of association.
According to the court filings, his legal team formally notified the Director General of the DSS of the processes filed in the case through a letter dated February 18, while also providing details of his counsel.
The application was signed and dated by Muyiwa Adekeye, media adviser to El-Rufai. The court is expected to determine whether the charges can proceed when the matter comes up for hearing later this week.